P. v. Chism CA2/1
Todd Tracy Chism appeals the denial of his Proposition 36 (Three Strikes Reform Act of 2012) petition to recall his third strike indeterminate sentence of 25 years to life in prison. (Pen. Code, § 1170.126.) Appellant contends the trial court erred in determining that he was ineligible for recall and resentencing under section 1170.126 based on the court’s factual finding that appellant was armed during the commission of his offenses. We disagree and affirm the denial of appellant’s petition to recall his sentence and resentence him as a second strike offender.
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